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  • 标题:A Best-Interest Inquiry: The Missing Ingredient in Utah Family Law For Children of Alternative Families—Jones v. Barlow
  • 本地全文:下载
  • 作者:Shane A. Marx
  • 期刊名称:Journal of Law and Family Studies
  • 出版年度:2008
  • 卷号:11
  • 期号:1
  • 语种:English
  • 出版社:journal of internal medicine
  • 摘要:Normal 0 false false false EN-US X-NONE X-NONE MicrosoftInternetExplorer4 /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin:0in; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:12.0pt; mso-bidi-font-size:11.0pt; font-family:"Times New Roman","serif"; mso-fareast-font-family:Calibri; mso-fareast-theme-font:minor-latin; mso-bidi-font-family:"Times New Roman"; mso-bidi-theme-font:minor-bidi;} This . . . is not about gay marriage. This . . . is not about gay adoption. What this . . . is about, is whether or not a child is better off in this rather uncertain world, with as many people as possible taking an interest in the child, both financially and emotionally . . . [No] clear-thinking person could rationally say that a child is not better off with as many people who care about that child as part of her life. With this, the Third District Court of Utah granted a woman legal standing to petition for visitation with a child born into a former lesbian relationship. Yet the fact remained that the Utah Adoption Act had previously prohibited the woman from formalizing a legal relationship with the child subject to the court's order. As a result, the Utah Supreme Court eventually overturned the ruling. Now, this construction effectively denies a child born into such a situation any inquiry or consideration of his or her best interest in legally recognizing or maintaining a relationship with one of the parents. The result is a legal structure in which "the best interest of the child should govern and be of foremost concern," yet a significant portion of children are refused the adoption and visitation hearings meant to evaluate those interests-leaving the validity of their parent-child relationships open to attack and vulnerable to the whims of adult decisions.
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